MATTER OF BOUKNIGHT v. ANNUCCI

528659.

181 A.D.3d 1079 (2020)

121 N.Y.S.3d 388

2020 NY Slip Op 01683

In the Matter of Vincent Bouknight, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 12, 2020.


Petitioner, a prison inmate, was observed fighting with another inmate and was charged in a misbehavior report with fighting, engaging in violent conduct, creating a disturbance and refusing direct orders. Following the altercation, petitioner was interviewed in the facility clinic at which point he spat on a sergeant and also a correction officer, requiring application of a spit net and prompting a second misbehavior report charging petitioner with committing an unhygienic...

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